The Will and What it Must Consist of

The Witness for the Will

A Man Makes a Will and Appoints an Executor but he Refuses to Accept it

The Owner is more Rightful to his Property as Long as he is Living

Making a Will for the Heir

The Matters for which one can Make a Will and what is Preferable in the Issue

Another Chapter

A Man Makes a Will, then Cancels it

If the Beneficiary of a Will dies before the Death of the Testator or before Taking Possession

Executing the Will as it Requires

A Will for Setting free Slaves, Charity or al-Hajj

The Executor of the Will must Correct the Possible Violation of the Law in the Will

An Executor of the Will is held Responsible for Changing a Lawful Will

Al-Mudabbar (the Slave for whose Freedom Death of the Master is a Condition) is from One Third of the Legacy

First the Shroud, then Debts, then Will is paid for from the Legacy

The Will and Debts

One Who Sets Free a Slave and He is Indebted

The Will about a Contracted Slave

The Will of Immature Boys and Girls, the Lawful and Unlawful Matters in it

Will in Favor of Mothers of Children

The Matters Permissible in Endowment, Charity, Gift, Present, Providing Conditional Housing and Matters Permissible or otherwise for a Child and others

The Will for a Part of One’s Assets

The Will about Something of One’s Legacy

The Will about a Share of One’s Legacy

One in His Illness Confesses His Indebtedness to One of his Heirs

When certain ones of the Heirs Confirm Freeing of a Slave or Debts

The Case of One Who Leaves very Little Legacy with a Larger Amount of Debt and Dependents

The Adults whose Will is not Acceptable

Distribution of What is Bequeathed To Relatives

The Case of one who Makes a Bequest for an Adult with whom a Child must Share

The Case of One’s Appointing Two Executors for the Will, Each of whom Deals with a Certain Portion of the Legacy

Charities of the Holy Prophet, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, Fatimah and ‘A’immah, ‘Alayhim al-Salam

Things that Reach a Deceased after his Death

The Rare Ahadith

The Case of One who Dies without a Will, Leaves behind Small Heirs and it is Sold upon Him

The Executor of the Will Hands over the Assets of Children who were Small, now Adults, but they Refuse to Take Charge, the Children who Become Adults but are not Found to be of Proper Understanding, the Limit of Adulthood

The Ordained Shares

The Legacy Comes from the Share of the One Nearest in Relationship to Him and that the Owner of Ordained Share is more Deserving than those who do not have any Ordained Share

Obligations are not Fulfilled without the Sword

Invalidity of Deficiency (in the Ordained Shares)

Another Chapter on Invalidity of al-‘Awl (deficiency or excess) and the Ordained Shares are not more than Six

Knowing to Avoid Deficiency

With the Existence of a Child and Parents no one Else Inherits Except a Husband and Wife

The Reason Why Ordained Shares are not more than Six

The Reason Why a Male’s Share is Twice the Share of a Female

The Legacy is Just for the Eldest Son

The Share of Children from the Legacy

The Share of Grandchildren in the legacy

Inheritance of Parents

Inheritance of Parents with Brothers and Sisters from the Father and Brothers and Sisters from the Mother

The Inheritance of a Son with both Parents

Inheritance of the Son, with Husband and Woman and Both Parents

Inheritance of Parents with Husband and Wife

AI-Kalalah (Burdensome one’s in Inheritance)

Inheritance of Brothers and Sisters with Children

Inheritance of the Grandfather

Brothers from a Mother with the Grandfather

Son of a Brother with a Grandfather

Inheritance of Relatives

A Woman Leaves Behind Just her Husband

A Deceased Leaves behind Just his Wife

Women do not Inherit Anything from Real Property

Dispute of Man and Woman over Household Items

Inheritance of a Boy and a Girl who are not yet Mature

The Inheritance of a Married and Mature Female before going to Bed

Inheritance of Women Divorced during Illness or without Illness

Inheritance of Relatives with Mawali

Inheritance of People Drowned and because of the Collapse of a Structure on them

Inheritance of People Killed, those who Inherit and those who do not Inherit from the Wergild

The Inheritance of a Killer

Inheritance of People of other Religions

Another Chapter on Inheritance of People of other Religions

The Inheritance of the People of Religion among them according to the Book of Allah and the Sunnah of His Holy Prophet

If a Deceased Leaves Behind Muslim and non-Muslim Heirs

Inheritance of Slaves

The Free and Slaves do not Inherit each other

Deceased leaves Behind One Free and One Owned Heir

The Inheritance Due to Special Contract

Inheritance of an Apostate

Inheritance of One who is Lost

Inheritance of the Crying Newborn Child

Inheritance of Hermaphrodite

Inheritance of the Child of Parents who Condemn Each other (al -Mula‘anah (condemnation))

Another Chapter about the Child of Mula‘anah (condemnation)

Inheritance of a Child from Fornication

The Case of a Child Carried away from his Birthplace ( al-Hamil )

Confirming of Certain Heir a Debt

1- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ وَمُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ وَعَلِيُّ بْنُ إِبْرَاهِيمَ عَنْ أَبِيهِ جَمِيعاً عَنِ الْحَسَنِ بْنِ مَحْبُوبٍ عَنْ عَلِيِّ بْنِ رِئَابٍ عَنْ أَبِي عُبَيْدَةَ قَالَ سَأَلْتُ أَبَا جَعْفَرٍ (عَلَيْهِ السَّلام) عَنْ غُلامٍ وَجَارِيَةٍ زَوَّجَهُمَا وَلِيَّانِ لَهُمَا وَهُمَا غَيْرُ مُدْرِكَيْنِ قَالَ فَقَالَ النِّكَاحُ جَائِزٌ وَأَيُّهُمَا أَدْرَكَ كَانَ لَهُ الْخِيَارُ فَإِنْ مَاتَا قَبْلَ أَنْ يُدْرِكَا فَلا مِيرَاثَ بَيْنَهُمَا وَلا مَهْرَ إِلا أَنْ يَكُونَا قَدْ أَدْرَكَا وَرَضِيَا قُلْتُ فَإِنْ أَدْرَكَ أَحَدُهُمَا قَبْلَ الآخَرِ قَالَ يَجُوزُ ذَلِكَ عَلَيْهِ إِنْ هُوَ رَضِيَ قُلْتُ فَإِنْ كَانَ الرَّجُلُ الَّذِي أَدْرَكَ قَبْلَ الْجَارِيَةَ وَرَضِيَ بِالنِّكَاحِ ثُمَّ مَاتَ قَبْلَ أَنْ تُدْرِكَ الْجَارِيَةُ أَتَرِثُهُ قَالَ نَعَمْ يُعْزَلُ مِيرَاثُهَا مِنْهُ حَتَّى تُدْرِكَ وَتَحْلِفَ بِاللهِ مَا ادَّعَاهَا إِلَى أَخْذِ الْمِيرَاثِ إِلا رِضَاهَا بِالتَّزْوِيجِ ثُمَّ يُدْفَعُ إِلَيْهَا الْمِيرَاثُ وَنِصْفُ الْمَهْرِ قُلْتُ فَإِنْ مَاتَتِ الْجَارِيَةُ وَلَمْ تَكُنْ أَدْرَكَتْ أَيَرِثُهَا الزَّوْجُ الْمُدْرِكُ قَالَ لا لأنَّ لَهَا الْخِيَارَ إِذَا أَدْرَكَتْ قُلْتُ فَإِنْ كَانَ أَبُوهَا هُوَ الَّذِي زَوَّجَهَا قَبْلَ أَنْ تُدْرِكَ قَالَ يَجُوزُ عَلَيْهَا تَزْوِيجُ الأبِ وَيَجُوزُ عَلَى الْغُلامِ وَالْمَهْرُ عَلَى الأبِ لِلْجَارِيَةِ.

1. A number of our people have narrated from Sahl ibn Ziyad and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad and Ali ibn Ibrahim has narrated from his father all al-Hassan ibn Mahbub from Ali ibn Ri’ab from abu ‘ Ubaydah who has narrated the following: “I once asked abu Ja’far (a.s.), about the case of a boy and a girl who are not mature and whose guardians arrange their marriage. He (the Imam) said, ‘Their marriage is permissible and whoever of the two becomes mature has the right to choose the marriage or not. If they die before maturity there is no inheritance between them and no mahr (dower) unless they become mature and approve the marriage.’ I then asked, ‘What happens if one of them becomes mature before the other?’ He (the Imam) said, ‘It is permissible for him if he approves.’ I then asked, ‘What happens if the man becomes mature before the girl and approves the marriage, then dies before she becomes mature; if she inherits. He (the Imam) said, ‘Yes, her share must be kept aside until she becomes mature and swears by Allah that the reason for her claiming inheritance is because of her approving the marriage, then it is given to her with one-half of mahr (dower).’ I then asked, ‘What happens if the girl dies before her maturity; if she inherits the husband who is mature.’ He (the Imam) said, ‘No, because she has the choice upon her maturity.’ I then asked, ‘What happens if her father is the reason for her marriage before her maturity?’ He (the Imam) said, ‘Such a marriage is permissible for her and for the boy but mahr (dower) is due on the father for the girl.’” 

2- عِدَّةٌ مِنْ أَصْحَابِنَا عَنْ سَهْلِ بْنِ زِيَادٍ عَنِ ابْنِ مَحْبُوبٍ وَمُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدِ بْنِ عِيسَى عَنِ ابْنِ مَحْبُوبٍ عَنْ نُعَيْمِ بْنِ إِبْرَاهِيمَ عَنْ عَبَّادِ بْنِ كَثِيرٍ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ سَأَلْتُهُ عَنْ رَجُلٍ زَوَّجَ ابْناً لَهُ مُدْرِكاً مِنْ يَتِيمَةٍ فِي حَجْرِهِ قَالَ تَرِثُهُ إِنْ مَاتَ وَلا يَرِثُهَا لأنَّ لَهَا الْخِيَارَ وَلا خِيَارَ عَلَيْهَا.

2. A number of our people have narrated from Sahl ibn Ziyad from ibn Mahbub and Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad ibn ‘Isa from ibn Mahbub from Nu’aym ibn Ibrahim from ‘Abbad ibn Kathir who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who arranges marriage for his mature son with an orphan girl in his custody. He (the Imam) said, ‘She will inherit him if he dies because she has the choice to approve or disapprove the marriage after she becomes mature and there is no choice against her.’” 

3- مُحَمَّدُ بْنُ يَحْيَى عَنْ أَحْمَدَ بْنِ مُحَمَّدٍ عَنِ ابْنِ فَضَّالٍ عَنِ الْقَاسِمِ بْنِ عُرْوَةَ عَنِ ابْنِ بُكَيْرٍ عَنْ عُبَيْدِ بْنِ زُرَارَةَ عَنْ أَبِي عَبْدِ اللهِ (عَلَيْهِ السَّلام) قَالَ سَأَلْتُهُ عَنِ الصَّبِيِّ يُزَوَّجُ الصَّبِيَّةَ هَلْ يَتَوَارَثَانِ قَالَ إِذَا كَانَ أَبَوَاهُمَا [هُمَا] اللَّذَانِ زَوَّجَاهُمَا فَنَعَمْ قُلْتُ أَيَجُوزُ طَلاقُ الأبِ قَالَ لا. 

3. Muhammad ibn Yahya has narrated from Ahmad ibn Muhammad from ibn Faddal from al-Qasim ibn Muhammad ibn ‘Urwah from ibn Bukayr from ‘Ubayd ibn Zurarah who has narrated the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a child who marries a female child; if they inherit each other. He (the Imam) said, ‘If their fathers are the ones who have arranged their marriage then they inherit.’ I then asked, ‘Is their divorce by father permissible?’ He (the Imam) said, ‘No, it is not permissible.’” 

Al-Kāfi - Volume 7

Book 2, Chapter 30